“Black Swan” Murder Trial Explores Self-Defense Against Domestic Violence

The so-called “Black Swan” murder trial involves a couple from Manatee County. In 2020, the woman shot her husband to death, alleging that she did so in self-defense and that she feared for her life after her husband’s behavior became erratic and threatening. As of this writing, the case is in the hands of a Manatee County jury, with the woman facing 25 years to life if convicted – but it illustrates just how hard it is to argue self-defense in a Florida domestic violence case.

Whirlwind Romance Turns Ugly

The couple had been in the midst of a separation after a quick romance, with arguments over child custody occurring, and more than one accusation of violence coming from the woman before things came to a head. She had alleged that her husband had fired his gun into the ceiling to frighten her, as well as abusing their dog. She even at one point alleged that her husband had been poisoning her and their children with heavy metals.

The husband did admit to firing the gun and to hitting the couple’s dog, though the poisoning allegations were never proven. Matters reached crisis proportions in September 2020, when the couple allegedly began to fight about their upcoming move to Maryland. The husband allegedly struck his wife on the side of the head and tried to prevent her from leaving the room where the argument was happening. In response, the woman shot him “several times” and fled to a neighbor’s house, saying she feared for her life and had reacted out of self-defense.

Was Her Fear Reasonable?

In general, a person can claim self-defense in a domestic violence situation in Florida when certain criteria are present: namely, that they were in reasonable fear of being imminently harmed (or they feared that their child or their property would be imminently harmed), and that their actions were proportionate. What this means for the average person is that if they have a legitimate fear of being attacked immediately – for example, if a person is standing in front of you, threatening to attack you – they can strike first, as long as the level of force used is reasonable.

From the information made available to the public, the woman had a reasonable fear of being harmed when she shot her husband, but it is unclear as to whether the degree of force she used was appropriate. While Florida’s “stand your ground” law does not require a person to retreat (to avoid a fight) if they are in a place where they have the right to be, it does not allow deadly force unless one has a reasonable belief that deadly force is coming their way. If the jury decides the woman’s use of force was disproportionate, she may face jail time even if her fear was reasonable.

Contact A West Palm Beach Domestic Violence Attorney

The public will eventually hear the ultimate outcome of the case in Manatee County, but if you have been unfortunate enough to be involved in a domestic violence case, it is crucial that you enlist a West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. so that your rights are protected during the legal process. These cases have high stakes – trust experienced professionals with yours. Call our office today at (561) 721-0552 to speak to an attorney.

Source:

wtsp.com/article/news/local/manateecounty/black-swan-murder-trial-lawyers-rest-self-defense-case/67-da2df573-bb01-46d4-ae03-703caf1cfba9